Legal Literacy - Mortgage is one means of guaranteeing legal certainty in the form of collateral. This article aims to discuss the transition of Mortgage registration and its implications sociologically and implementatively.

Transition of Mortgage Registration from Conventional to Electronic

Legal changes continue to occur in accordance with technological and societal developments. This includes the transition of conventional Mortgage registration to electronic. The dynamics, of course, always follow the direction of technological development to achieve efficiency and accountability of land data.

Considerations Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 5 of 2020 concerning Electronically Integrated Mortgage Services, outlines the objective of implementing an integrated electronic Mortgage service to improve Mortgage services that meet the principles of transparency, timeliness, speed, ease, and affordability in the context of public service and is intended to adapt to legal, technological, and societal developments. Strengthening technology as an agrarian database through ease of access by the government and the public is expected to minimize obstacles in the implementation of conventional land policies, such as duplicate certificates due to the lack of synchronization between physical and juridical data.

Land as an asset, wealth, and/or immovable property cannot physically be moved from one person to another, but only the rights to the land are transferred. Land is permanent, meaning it cannot increase, decrease, or be destroyed like other assets or properties. The physical condition of the land can be recorded or documented indefinitely (Hanstaad, 1998). This element is what must continue to be improved because it relates to legal certainty over land.

Legal certainty of land rights or security of tenure is necessary for rights holders in the protection of their control and ownership, including when land rights are pledged in the form of a Mortgage. In its implementation in credit agreements, banks as creditors request collateral from customers as debtors. The goal is to provide certainty for creditors that debtors are guaranteed to repay the credit. Debtors are expected to remain committed to repaying their credit because there is collateral. If the debtor defaults, the creditor has certainty in maintaining credit risk management by executing the collateral (Poesoko, 2007: 45).

Electronic Mortgage registration is implemented as a data base to facilitate registration and ensure the suitability of physical and juridical land data (Riyadi & Atmoredjo, 2020: 16). Ideally, the transition to electronic Mortgage is supported by instruments, facilities, and the capabilities of the implementing resources. However, in practice, there are still various negative implications, including in sociological and implementative aspects.

Sociological Implications for Society

The element of society is an important component in the application of law. Friedman's classification of legal systems requires the elements of substance, structure, and culture to function well to achieve legal effectiveness (Friedman, 1975). Problems with substance, structure, or culture can become legal issues that affect legal effectiveness and reduce legal certainty. The development of digital technology influences the dynamics of society, including the registration of Mortgages, which is now done electronically. The development of digital technology demands the creation of fast, accurate, and responsive policy implementation supported by technological advancements.

The idea of utilizing the development of information technology and optimizing digital facilities has led to the realization of e-government. E-government on the one hand, is expected to be able to utilize the development of information and digital technology in creating excellent policies that are professional, accountable, effective, and efficient, in line with the spirit of bureaucratic reform. So far, much criticism has been directed at the convoluted implementation of policies, especially in the field of public services. An implication in the form of obstacles in the transition of electronic Mortgage registration is public enthusiasm.

The issue of enthusiasm becomes a homework for the Land Office, especially those with jurisdiction in regencies/cities. Considering that the composition and sociological conditions of the community have not quickly accepted changes and require a socialization process from the implementation and transition of land policies. This problem must be addressed immediately because land is an important element in human life and daily activities. In addition, the government must quickly respond to technological developments by providing integrated participation, assistance, and socialization facilities for the community.

Implementative Implications For Stakeholder Land Affairs

The transition of Mortgage registration from conventional to electronic also has implications in the practical realm. The Mortgage registration mechanism absolutely undergoes a change from conventional to digitalized or based on electronic media. The mechanism clearly becomes the corridor of authority for stakeholder land affairs, namely the National Land Agency (delegated to the Regency/City Land Office) and the Notary PPAT. Digitalization through the transition of electronic Mortgage registration is expected to facilitate the mechanism with better facility improvements when compared to conventional Mortgage registration.

This also functions as a corrective effort, because the government through the National Land Agency (BPN) and the Land Office in the Regency/City can find out data base including the condition of the land and the status of the land against which the Mortgage is registered. In addition, data base that have been written in form digitally by the applicant can be directly integrated and minimize errors or omissions in the Mortgage registration process. The goal to be achieved through digitalization in the transition from conventional to electronic Mortgage registration is that the provision of public services can prioritize transparency and mutual control or supervision as much as possible (Istianto, 2011: 143).

However, there are still obstacles such as juridical instruments as a reference for the transition from conventional to electronic Mortgage registration. Instrument constraints are one of the problems that almost exist in every implementation of government policies. Policies in the form of regulations can fail as instruments if they are not realistic, inconsistent, and overlap with other policies or regulations. Technical and procedural rules are needed from policymakers at the central level (Ministry of Agrarian Affairs and Spatial Planning/Head of the Land Agency National) as a reference for its implementation at the regional level, which is carried out by the Land Office in the Regency/City area. This need guarantees the consistency and standardization of policy implementation and the quality of a policy from the center to the regions, including anticipating and overcoming technical problems that have the potential to cause legal problems as intended.

One of the instrument problems that deserves attention besides the absence of technical procedural rules is the absence of an option to input NIK/identity in the guarantor column, as well as the option to input the NPWP of a CV business entity that is blocked because it has not reported its SPT tax. This is related to legal protection for creditors if the guarantor has died, where the Electronic Mortgage has not been registered, it should not be canceled by the death of the guarantor and the blocked CV NPWP to protect creditors if the debtor defaults, the collateral object can still be auctioned.

However, the system does not provide an input option other than NIK, so the NIK data cannot be used automatically if the owner has died. It also does not provide an NPWP input option if the CV NPWP is blocked. Furthermore, the system error, the tendency to wait for maintenance from the center, the absence of technical instructions, causally causes legal problems such as Electronic Mortgage Certificates that are procedurally flawed or of dubious validity. These legal problems and the problems that cause them are classified based on the parameters of legal effectiveness in legal system theory which includes substance, structure and legal culture. This can also be related to the theory of how the law works, which includes rules, implementing institutions and implementation targets.

As a response to instrument problems, a solution must be provided: an alternative column is provided to fill in NIK and NPWP because the APHT is not canceled by the death of the guarantor and is not canceled because the NPWP is blocked so the APHT can still be registered. The option is that there is an alternative that is uploaded from that column, which can be filled with NIK and NPWP.

Improvements to facilities that are classified include registration facilities, information facilities, monitoring facilities and other supporting facilities must also accommodate alternative options in the identity column. This alternative is in the form of providing an optional identity column that can be filled in to anticipate death and blocked NPWP. The HT-el system should follow the normative aspects of Articles 1813 to 1815 of the Civil Code. The various problems that cause the electronic Mortgage registration instrument to be imperfect need to be studied immediately considering its potential to become a continuous problem.

Enthusiasm from electronic Mortgage service users, one of which is PPAT, who are very enthusiastic about the existence of the Electronic Mortgage System facility. However, this system has not been accompanied by enthusiasm from the public as applicants in registering mortgages electronically, so socialization and assistance should be sought as a form of encouragement to get a response from the wider community. Policy targets related to the public as applicants also include Notaries from their notarial functions in the Mortgage registration series.